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(영문) 서울행정법원 2013.10.31 2012구합26081
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are annexed to the attached Form

2. The owners of the land in the column of “the land owned by the Plaintiff and the claim amount” (hereinafter referred to as “instant land”) are those on the register before nationalization.

B. During the period from November 22, 1930 to October 21, 1936, the Joseon General Co., Ltd. established C at the time of Yeongdeungpo-gu Seoul Metropolitan Government and at the time of closing the same Gu B. The instant land was excluded from the lower part of the above C.

C. The instant land was registered in the name of the Plaintiffs until the register is closed on the grounds of incorporation into the river area in around 1999, notwithstanding the incorporation into the river area, and thus, it was excluded from nationalization as the registered private land, and was amended by Act No. 2292 of January 19, 1971, which provides that all excluded land may be incorporated into the river area on July 20, 1971.

The River Act, 1971, hereinafter referred to as 'the River Act'

D. The defendant was amended by Act No. 3782 of December 31, 1984, as amended by Act No. 3782 of December 31, 1984.

The River Act, 1984; hereinafter referred to as the "River Act";

(2) Pursuant to the provision of compensation under Article 2 of the Addenda of the River Act (Act No. 3782, Dec. 28, 1999), Plaintiff D, E, F, G, H, I, J, K, L, M, M,O, P, Q, R, S, and T, ② Pursuant to the provision of compensation under Article 2 of the Addenda of the River Act (Act No. 3782, Dec. 28, 199), the extinctive prescription of the right to claim compensation has expired.

Since then, the Act was amended by Act No. 6772 on December 11, 2002, and was changed to the Act on Special Measures for the Compensation for Land incorporated into a river area.

The Act on the Establishment of the 1999 and the Act on the 2002 Amendment shall be referred to as the "former Special Assistance Act", respectively, and the term "Special Assistance Act of 199" and "Special Assistance Act of 2002" shall be referred to as "the 199 Special Assistance Act."

Pursuant to the Special Act of 2005, the rights to the land owned by the Plaintiff U and V are incorporated into each river area to X who acquired the rights to the land from the Plaintiff W in accordance with the Special Act of 2002.

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